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Monday, April 9, 2018

whether the FIR filed under Section 306 of IPC be quashed on the grounds the alleged offence of abetment of suicide was not made out in this case ?. = Apex court held that High court committed error = we are of the opinion that the High Court has prematurely quashed the FIR without proper investigation being conducted by the Police. Further, it is no more res integra that Section 482 of CrPC has to be utilized cautiously while quashing the FIR. - We are apprised of the FSL report which categorically states that the handwriting of the deceased and the handwriting as present in the suicide note has similarities. Further, the status report filed before the High Court notes as under: During investigation, after receiving information of the deceased Brijesh Singh from the hospital and after recording death FIR 15/13 under section 174 CrPC, investigation was started. Handwriting was recovered from the place of incident during inspection, which was identified by the complainant as the handwriting of his son and same was taken into custody. Statements under section 161 CrPC of complainant Munshi Ram, witnesses Sh. Ajay Kumar, Hakam Singh, Smt. Ombati, Smt. Rekha, Smt. Meena, Smt. Pushpa, and Sh. Sher Singh were recorded. Thereafter, Munshi Ram got registered FIR No. 318/2013. The post-mortem and panchayatnama of the deceased was done and during this, written unsigned note was recovered from the half pant of the deceased and the same was also taken into possession. The post-mortem of the dead body of the victim was conducted. The clothes worn by the deceased were taken into custody and the dead body was handed over to the family members for last rites. On 3.8.2013, the file was forwarded to Ld. ACC, Sadar for further investigation who 7 sent the suicide note to FSL for examination. Call details of the suspect were obtained and on 17.2.2014, the main file was entrusted to Ld. AACP, Vaishali Nagar. FSL Report with regard to suicide note was obtained by him. On 18.2.2014, case file was sent to Deputy Commissioner for further investigation who took statements of Smt. Shrawni Devi, Smt. Vimla Devi, Smt. Kalawati, Smt. Radha Agarwal, Smt. Manju Chowdhary, Shri Deepakshi @ Charu, Shri Harish Agarwal under section 161 CrPC. Based on the investigation carried out as per the order no 8225-27 of DCP in case no 318/13 by the Deputy Commissioner and based on the evidence available on record, it is established that Accused persons (1) Khushboo (2) Dharampal (3) Smt. Sushila (4) Hawa Singh have committed offence under section 306 IPC. Accused Smt. Khushboo W/o Brijesh Singh D/o Dharampal Singh caste Bawaria, Age 25 years, Sushila W/o Shri Dharampal Singh caste Bawaria, Age 43 years and Dharampal Sing S/o late Shri Ram Singh caste Bawaria, Age 45 years were arrested in this case. Remaining enquiry. Accused Hawa Singh could not be arrested since he was absconding and since 8.8.2014, the Hon’ble High Court has stayed the investigation. The Status Report of facts is being sent to you. (emphasis supplied)

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.515-516 OF 2018
(Arising out of Special Leave Petition (Crl.) Nos. 6453-54 of 2015)
MUNSHIRAM …APPELLANT (S)
VERSUS
STATE OF RAJASTHAN AND ANR. ETC. …RESPONDENT (S)
J U D G M E N T
N. V. RAMANA, J.
1. Leave granted.
2. These appeals are directed against the final judgment and
order, dt. 15.04.2015, passed by the High Court of
Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B.
Criminal Miscellaneous Petition Nos. 2372 of 2014 and
3508 of 2014, wherein the High Court quashed the FIR No.318 of 2013 filed under Section 306 of IPC.
3. Before we analyse the case at hand, it would be necessary to
observe the facts of this case which gave rise to the
aforesaid FIR. The deceased son of the Appellant herein
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(Brijesh Singh) got married to Respondent no. 2 - wife
(Khushboo) on 10.2.2008. From the aforesaid wedlock, the
couple were blessed with a male child on 29.10.2009. It is to
be noted that the wife on previous occasions had filed
multiple complaints against her husband which were
ultimately compromised. Moreover, the husband had also
filed a complaint dt. 13.7.2010 alleging atrocities committed
by her and her family on the deceased and his family. On
7.03.2013, Respondent- wife instituted another proceeding
against the deceased. It is alleged that the deceased was
under a constant fear of arrest and harassment because of
false implication in criminal case. Thereafter a compromise
is said to have been entered into between the deceased and
the respondent - wife, wherein he had promised not torepeat any of the aforesaid occurrences. Thereafter,Respondent again filed an FIR No. 152 of 2013 against thedeceased and the Petitioner under Sections 147, 323, 341and 351 of IPC. It may not be out of context to mention herethat the Respondent - wife also filed a domestic violencecase against the deceased son of the appellant. It is alleged
that on 8.7.2013, due to continuous humiliation and
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suffering inflicted upon by the wife and the accused
persons, the Appellant’s son (Brijesh Singh) committed
suicide. Before committing the suicide, the deceased is saidto have written two suicide notes which needs to berecorded herein.Suicide Note 1My wife Khushboo and his parents and family memberssince after marriage are threatening me and my familysaying that we are dacoits and we will kill you and alsohave filed false cases of dowry and domestic violence. Mywife Khushboo has got an illicit relation with Rajkumarthe 2nd son of SI Gajadhar living in her neighbourhoodand Rajesh Aggarwal and son of Fawji and others alsokeep on facilitating / helping them.My wife, my in-laws and these boys are intending to grabthe factory and house of my parents, this is why theykeep on torturing us and do not allow me and my parentsto meet my son. Me and my parents are in deep agonysince after my marriage. The total investment in thefactory is done by my father and I have not contributedany penny. I love my wife and my child very much butshe do not have any affection either for me and myparents so, her parents keep on threatening us and keepon filing false complaint and are trying to grab the houseand factory by implicating my parents and my sister infalse cases (sic)
(redaction supplied)Suicide Note 2My wife Khushboo under the influence of Rajkumar the2nd son of SI Gajodhar living in her neighbourhood,Rajesh Aggarwal, her parents and other in-laws has gotfiled a false case against me, my parents and my sisters.Due to which I am in deep mental stress. I amcommitting suicide. All these are conspiring to grab the3house and factory of my parents. My parents are old andthey may kindly be helped. The complete investment inthe factory is done by my father after his retirement. I donot have any contribution in it. My wife wants to fleeaway to Delhi after grabbing all these and every day shekeeps abusing us and also threatens to get us killed. Shedoes not let us meet my son. I have always loved my wife.She has always betrayed me. She may be removed fromthe house of my parents. Safety of my parents be ensured(sic)
(redaction supplied)
4. In this context an FIR was lodged by the appellant underSection 306 of IPC against the Respondent-wife and herfamily members alleging that they harassed his son whichultimately lead to him committing suicide.
5. On 11.03.2014, the Police reported to the trial court,wherein it was stated that the suicide notes were found tobe matching the handwriting of the deceased as reported byforensic science laboratory.
6. Aggrieved by the aforesaid FIR being registered against the
accused Respondents, they filed a petition under Section
482 of CrPC before the High Court for quashing of the FIR
No. 318 of 2013 for the offences of abetment to suicide
under Section 306 of IPC.
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7. The High Court by the impugned judgment and order dt.15.04.2015, quashed the aforesaid FIR on the ground thatthe alleged offence of abetment of suicide was not made outin this case. It would be relevant to note the reasoning of
the High Court before we further proceed with the
discussion of this case:
a. That the Court was of the opinion that the suicide
notes makes reference to various litigation and
criminal complaints which were a result of actions of
the deceased and were not filed with a view to harass
him.
b. The allegation concerning the adultery by the
respondent - wife has not been evidenced by any
material on record.
c. The bad behaviour and alcoholism of the deceased has
been categorically admitted in the compromise
affidavit.d. That the allegations contained in the suicide note didnot reveal the ingredients of abetment or instigation ofsuicide.e. That there is nothing to show the intention of theaccused to instigate or abet the deceased to commitsuicide.f. That the suicide notes admit depression on the part ofthe deceased so as to commit suicide.
8. Aggrieved by the impugned order, the father of the deceased
(appellant herein) approached this Court through this
Special Leave Petition.
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9. The learned counsel appearing on behalf of the appellant
has vehemently contended that the quashing of the FIR atthe threshold level without allowing the police to investigatethe matter cannot be sustained as it was pre-mature. Hehas further relied on the status report as well as the FSLreport to portray that there was a prima facie case forcontinuing the investigation.
10. Per contra, the counsel on behalf of the respondents has
supported the impugned judgment and contended that the
suicide was the deceased’s own doing and the respondents
in both cases were beyond any blame as the litigation
foisted upon the deceased were solely attributable to his
own actions and behaviour.
11. Having heard the learned counsel for both the parties and
perusing the material available on record we are of theopinion that the High Court has prematurely quashed theFIR without proper investigation being conducted by thePolice. Further, it is no more res integra that Section 482 ofCrPC has to be utilized cautiously while quashing the FIR.
This court in a catena of cases has quashed FIR only after it
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comes to a conclusion that continuing investigation in such
cases would only amount to abuse of the process. In this
case at hand, the court abridged the investigation which
needed to ascertain certain factual assertions made in the
FIR concerning the existence or non-existence of any prior
mental condition of the deceased prior to the commission of
suicide.
12. We are apprised of the FSL report which categorically statesthat the handwriting of the deceased and the handwriting aspresent in the suicide note has similarities. Further, thestatus report filed before the High Court notes as under:During investigation, after receiving information of thedeceased Brijesh Singh from the hospital and afterrecording death FIR 15/13 under section 174 CrPC,investigation was started. Handwriting was recoveredfrom the place of incident during inspection, which wasidentified by the complainant as the handwriting of hisson and same was taken into custody. Statements undersection 161 CrPC of complainant Munshi Ram, witnessesSh. Ajay Kumar, Hakam Singh, Smt. Ombati, Smt.Rekha, Smt. Meena, Smt. Pushpa, and Sh. Sher Singhwere recorded. Thereafter, Munshi Ram got registered FIRNo. 318/2013. The post-mortem and panchayatnama ofthe deceased was done and during this, written unsignednote was recovered from the half pant of the deceasedand the same was also taken into possession. Thepost-mortem of the dead body of the victim wasconducted. The clothes worn by the deceased were takeninto custody and the dead body was handed over to thefamily members for last rites. On 3.8.2013, the file wasforwarded to Ld. ACC, Sadar for further investigation who7sent the suicide note to FSL for examination. Call detailsof the suspect were obtained and on 17.2.2014, the mainfile was entrusted to Ld. AACP, Vaishali Nagar. FSLReport with regard to suicide note was obtained by him.On 18.2.2014, case file was sent to Deputy Commissionerfor further investigation who took statements of Smt.Shrawni Devi, Smt. Vimla Devi, Smt. Kalawati, Smt.Radha Agarwal, Smt. Manju Chowdhary, Shri Deepakshi@ Charu, Shri Harish Agarwal under section 161 CrPC.Based on the investigation carried out as per the order no8225-27 of DCP in case no 318/13 by the DeputyCommissioner and based on the evidence available onrecord, it is established that Accused persons (1)Khushboo (2) Dharampal (3) Smt. Sushila (4) Hawa Singhhave committed offence under section 306 IPC. AccusedSmt. Khushboo W/o Brijesh Singh D/o Dharampal Singhcaste Bawaria, Age 25 years, Sushila W/o ShriDharampal Singh caste Bawaria, Age 43 years andDharampal Sing S/o late Shri Ram Singh caste Bawaria,Age 45 years were arrested in this case.Remaining enquiry.Accused Hawa Singh could not be arrested since hewas absconding and since 8.8.2014, the Hon’ble HighCourt has stayed the investigation.The Status Report of facts is being sent to you.(emphasis supplied)
13. In light of the fact that the enquiry was pending and there
are aspects which may require investigation, we are of the
considered opinion that the High Court erred in quashing
the FIR at the threshold itself without allowing the
investigation to proceed. We cannot agree with the reasons
provided under the impugned judgment concerning certain
factual assertions made by the Respondents as to the
condition of the deceased and reasons for committing
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suicide because acceptance of the said would not be in
consonance with the settled jurisprudence under Section
482 of CrPC as laid down by various judgments of this
Court.
14. It would be relevant to note that any observation made
herein should not be taken as observations on merits and
we direct the investigative authority as well as the court to
consider the matter on its own merits uninfluenced by any
observation herein.
15. Therefore, we set aside the impugned judgment and direct
the investigative authorities to complete the investigation
with promptness and to take it to its logical conclusion.
Accordingly, these appeals are allowed.
...……………………..J.
(N. V. RAMANA)
………………………..J.
(S. ABDUL NAZEER)
NEW DELHI
APRIL 09, 2018
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